{
  "id": 1509475,
  "name": "Hale v. Brown",
  "name_abbreviation": "Hale v. Brown",
  "decision_date": "1902-06-07",
  "docket_number": "",
  "first_page": "471",
  "last_page": "472",
  "citations": [
    {
      "type": "official",
      "cite": "70 Ark. 471"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T15:54:44.617258+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Hale v. Brown."
    ],
    "opinions": [
      {
        "text": "Bunn, C. J.\nThis is a controversy over the formation of a school district in Lee county out of the territory of an old preexisting district, in this instance numbered 23. The petition for the formation of the new district was denied by the county court, and on appeal to the circuit court was granted, and the petitioners appealed to this court.\nIn the course of the hearing, petitioners asked the court to make the following declaration of law, to-wit: \u201c That, before a district can be divided, there must be an amount of'revenue from all sources to run the white and colored schools for at least three months/5 This declaration the court made with this qualifying statement: \u201cAnd in my judgment the school can be suspended for the purpose of building schoolhouses,55 which modification was exceptdd to by appellants, who were remonstrants in the court below. There was no error in this modification, for the statute gives to the electors of the district power to determine at a regular annual meeting whether they will have a school for the ensuing year or not (Sand. & II. Dig., \u00a7 7029), and this confers, by implication at least, the power to vote the revenues for the year for building or other legitimate purposes.\nThis cause being tried do novo in the circuit court on appeal, the circuit judge had the same discretion as had the county judge. All the statutory requirements were met 'by allegations in the petition, and this is uncontroverted. The testimony in the case as to the greater convenience of the inhabitants interested in the schools, we think, is sufficient to justify the judgment of the circuit court.\nThe judgment is therefore affirmed.",
        "type": "majority",
        "author": "Bunn, C. J."
      }
    ],
    "attorneys": [
      "W. A. Compton, for appellants.",
      "McCulloch & McCulloch, for appellees."
    ],
    "corrections": "",
    "head_matter": "Hale v. Brown.\nOpinion delivered June 7, 1902.\nSchool District \u2014 Power to Build Schools. \u2014 The electors of a school district have power to determine at a regular annual meeting whether they will have a school for the ensuing year or not (Sand. & H. Dig., \u00a7 7029), and this confers the implied power to devote the revenues for the year to the building of schools.\nAppeal from Lee Circuit Court.\nHance N. Hutton, Judge.\nAffirmed.\nW. A. Compton, for appellants.\nSchools must be conducted in each township or district not less than three months. Sand. & H. Dig., \u00a7\u00a7 7029, 7049. The county court has jurisdiction to change and make districts. Sand. & H. Dig., \u00a7 6984.\nMcCulloch & McCulloch, for appellees.\nDiscretion to grant or reject a petition to form a new school district is not left to the county court. Sand. & H. Dig., \u00a7\u00a7 6988, 6989, 6990; Act April 1, 1895."
  },
  "file_name": "0471-01",
  "first_page_order": 487,
  "last_page_order": 488
}